For Non-Resident Indians (NRIs), owning assets across multiple countries is common. But global assets often create local complications. Succession planning is not merely about writing a Will—it’s about ensuring your family can execute it quickly, smoothly, and without cross-border friction.
The key question every NRI faces: Should you prepare separate Wills for Indian and foreign Indian and foreign assets, or one consolidated Will for all assets worldwide?
Understanding the Options
Separate Wills
Scope: One Will exclusively for assets in India (governed by Indian law), another for foreign assets (governed by local law).
Safeguard: Each Will clearly states it applies only to assets in that jurisdiction and does not revoke the other.
Consolidated Will
Scope: A single Will covering all assets worldwide.
Intent: Attempts to govern succession across multiple jurisdictions through one document.
Key Considerations for NRIs
Different Succession Laws
Every country has unique inheritance rules, spousal/children entitlements, and probate procedures.
Risk: A consolidated Will may face conflicts between legal systems.
Tip: Countries with forced-heirship rules (Europe, Middle East) require jurisdiction-specific planning.
Probate & Execution Practicalities
Indian courts, banks, and registrars prefer locally governed Wills.
Consolidated Wills often require apostille, translations, and foreign court recognition.
Direct Benefit: A separate Indian Will enables faster execution of Indian assets.
Risk of Delays for Indian Heirs
Without an India-specific Will:
Property transfers may stall
Bank/demat accounts may be frozen
Heirs may need succession certificates or court orders
Direct Benefit: Separate Wills reduce hurdles and allow heirs quicker access to funds.
Asset Complexity in India
NRIs often hold Immovable property, Multiple bank/demat accounts, Family/ancestral interests, Investment portfolios
Cost & Compliance Efficiency
A single global Will may appear cheaper initially.
Hidden Costs: Multiple probates, cross-border filings, repeated court procedures.
Which Option Is Better?
Separate Wills (India + Overseas) For most NRIs, separate Wills are the safer and more practical approach.
Why?
Smooth Execution: Faster probate and transfer under Indian law
Clarity: Reduced legal ambiguity across jurisdictions
Efficiency: Better acceptance by Indian authorities
Resilience: Tailored to jurisdiction-specific tax, compliance, and evidentiary requirements
When Can a Consolidated Will Work?
A consolidated Will may be suitable when: Indian assets are minimal.
Assets are limited to India + one foreign country with flexible inheritance laws
Strong overseas planning exists (trusts, beneficiary designations)
Caution: Even then, Indian assets must be clearly segregated and probate requirements addressed.